S Bar takes city to court over occupancy violation

Common Pleas Court judge says South Side bar did not violate ordinance

An S Bar manager told Channel 4 Action News between $3,000 and $5,000 was lost Saturday night when patrons did not return to pay their tabs after they were cleared out by the city for an occupancy violation.

Attorney Jonathan Kamin argued in Common Pleas Court that the bar was not in violation based on zoning approval in 2009, when the S Bar expanded by acquiring a neighboring property to allow a maximum 299 patrons.

But the city showed up Saturday, saying 200 patrons are allowed on the original property, and 99 on the acquired property.

Judge Joseph James leaned on the 2009 zoning approval and said S bar could continue to function as it did before the crackdown Saturday.

"The citycame in last week and tried to change the rules on us and shut us down without the right to do so," said Kamin.

The crackdown reflects growing tension between the city and its largest bar and partying neighborhood.

In January, Mayor Luke Ravenstahl enforced a South Side saturation detail to crackdown on crime associated with the high volume of people drawn to the bar scene in the neighborhood.

On Saturday, Elixir and Levelz were also targeted for occupancy violations and several other clubs were cited for other violations as well.

Kamin said S Bar will always cooperate with the city and hopes it is never targeted in the future.

"There's no question we've been targeted. We hope we can have a harmonious relationship with the city going forward," he said.

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